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Lost Wages After an Injury in North Carolina or Virginia: What Proof You Need If You Miss Work

  • Writer: Scott Andrews
    Scott Andrews
  • 6 days ago
  • 4 min read

An injury can do more than mess up your day—it can mess up your paycheck. If you’re hurt in a car wreck, a fall, or another accident and you can’t work, the lost income adds up fast.



In many personal injury cases, lost wages can be included as part of your claim. The biggest issue is usually not whether you missed work—it’s whether you can prove what you lost.


Here’s a clear, practical guide to the documentation people in North Carolina and Virginia should gather if they’ve missed work because of an injury.


What Counts as “Lost Wages” (More Than Just Your Base Pay)



Lost wages generally means the money you would have earned if the injury hadn’t happened. Depending on your job, that can include:


  • Regular hourly wages or salary

  • Overtime

  • Bonuses and commissions

  • Tips (when there’s a record of them)

  • Sick time or vacation time you were forced to use

  • Part-time or side income (if it can be documented)


If your injury affects your ability to work long-term—fewer hours, lighter duties, or you can’t return at all—there may also be a claim for future loss of earning capacity. That usually requires additional evidence, but it starts with good documentation from day one.


What Insurance Companies Want to See


Whether your case is in North Carolina or Virginia, insurers usually look for three things:


  1. You missed work

  2. You would have been paid for that time

  3. Your injury is the reason you missed it


That’s why medical notes and employer records are so important.


The Proof You Need to Support a Lost Wage Claim


1) Medical Documentation That Takes You Out of Work (or Limits You)


This is one of the most important pieces. Ask your doctor for clear paperwork that shows:


  • You were unable to work, or you had restrictions

  • The dates you were out

  • Any limitations (lifting limits, sitting/standing limits, reduced hours, etc.)


Tip: Keep every work note, after-visit summary, and restriction slip—even from urgent care.


2) A Wage Verification Letter From Your Employer


A simple letter from HR or payroll can do a lot of heavy lifting. It should include:


  • Your job title and employment status (full-time/part-time)

  • Your rate of pay (hourly or salary)

  • Typical schedule/average hours per week

  • Overtime history (if relevant)

  • Dates missed due to the injury

  • Total wages lost for that time period (gross pay is often used)


If you’re hourly and your schedule changes week to week, ask them to reference your average hours over the last few months.


3) Recent Pay Stubs (Before and After the Injury)


Pay stubs help show your “normal” income pattern and make it easier to calculate what you missed. Try to gather:


  • 4–8 weeks of pay stubs before the injury

  • Any pay stubs after you returned (to show reduced hours or restrictions)


If you regularly work overtime, collect a longer window (2–3 months or more).


4) W-2s and/or Tax Records (Helpful for Variable Income)


If your pay varies—commissions, seasonal work, tips, bonuses—tax documents are often a good backup:


  • W-2s

  • Year-to-date payroll summaries

  • Tax returns (especially if income changes a lot)


These can help show what you typically earn over time, not just in one pay period.


5) Schedules, Timecards, and Attendance Records


These can be strong evidence because they show what you were expected to work:


  • Work schedules

  • Timesheets

  • Clock-in/clock-out logs

  • HR attendance reports

  • Emails/texts showing missed shifts



6) Proof of Sick Time/Vacation Time You Had to Use


Even if you were paid using PTO, it still matters—because you had to use benefits you earned just to stay afloat. Save:


  • PTO/sick leave statements

  • Dates used

  • Time-off approvals

  • Balance before/after (if available)


If You’re Self-Employed or 1099, You’ll Need Different Proof


Self-employed claims can be legitimate—but insurers typically look closer. Helpful documents include:


  • Tax returns (often 1–3 years)

  • 1099s

  • Profit & loss statements

  • Invoices/contracts for jobs you couldn’t complete

  • Bank statements showing deposits and typical income

  • Client messages showing cancellations or reschedules

  • Booking calendars or job logs


The goal is to show a clear “before vs. after” picture.


Common Mistakes That Can Hurt a Lost Wage Claim


  • Not getting a doctor’s note that clearly excuses you from work

  • Waiting too long to seek medical care (creates gaps)

  • Under-documenting overtime, tips, or commission history

  • Returning to work too early and making the injury worse

  • Telling an adjuster you “just needed a few days off” instead of explaining medical restrictions

  • Posting online in a way that makes it look like you’re not injured


Quick Checklist: What to Gather Right Now


  • ✅ Work restrictions/doctor’s notes with dates

  • ✅ Employer wage verification letter

  • ✅ Pay stubs (before and after the injury)

  • ✅ Work schedule + timekeeping records

  • ✅ PTO/sick time usage documentation

  • ✅ Messages/emails showing missed shifts or canceled jobs


Keep everything in one place and update it as you go.


Protect Your Paycheck by Protecting Your Paper Trail


If you’ve missed work because of an injury in North Carolina or Virginia, documentation is what turns “I missed a paycheck” into a claim that’s taken seriously. The more organized your proof is, the harder it is for an insurance company to dispute what you’re owed.


If you’re dealing with pushback from an insurer—or you’re not sure what records you should be collecting—Charles M. Aaron Attorneys at Law can help you understand what applies to your situation and what steps to take next.

 
 
 

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